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The  Legal  Status  of  the  State 

College  of  Washington  and  the 

University  of  V^ashington. 

By 

Enoch  A.  Bpvan 


UNIVERSITY  OF  CALIFORNIA 
AT  LOS  angele: 


THE  LEGAL  STATUS 

OF    THE 

STATE    COLLEGE    OF    WASHINGTON 

AND  THE 

UNIVERSITY  OF  WASHINGTON 


By  ENOCH    A.   BRYAN 


Particular  attention  is  called  to  page  3 


THE   LEGAL  STATUS 

OF    THE 

STATE    COLLEGE    OF    WASHINGTON 

AND  THE 

UNIVERSITY  OF  WASHINGTON 


Bv  ENOCH    A.    BRYAN 


Particular  attention  is  called  to  jfage  .'i 


L-T) 

^9> 


nri 


$ 


FUNCTIONS  OF  THE   STATE   COLLEGE  AS 
PRESCRIBED  BY  STATE  LAW. 

"The  courses  of  instruction  ol  said  college  shall  embrace 
the  English  language,  literature,  mathematics,  philosophy, 
civil  and  rnechanicUl  engineering,  chemistry,  animal  ami 
vegetable  anatomy  and  physiology,  the  veterinary  art,  ento- 
mology, geology,  political  economy,  rural  and  household 
economy,  horticulture,  moral  philosophy,  history,  mt-chanics, 
and  such  other  courses  of  instruction  as  shall  he  prescribed 
by  the  board  of  regents.  One  of  the  objects  of  said  college 
shall  be  to  train  teachers  of  physical  science,  and  thereby 
further  the  application  of  the  principles  of  physical  science 
to  industrial  pursuits;  to  collect  information  as  to  schemes 
of  technical  instruction  adopted  in'  other  parts  of  the  United 
States  and  in  foreign  countries, -and  to  hold  farmers'  insti- 
tutes at  such  time  and  places  alnd  u^der  such  regulations  as 
the  board  of  regents  may  determine:  Provided,  that  no 
student  shall  be  admitted  to  any  department  of  the  state 
college  who  is  under  the  age  of  sixteen  years."  (See  Rem- 
ington and  Ballinger  Sec.  4335.) 


3 

311291 


THE  STATE  COLLEGE 


The  State  College  of  Washington  is  one  of  a 
group  of  colleges  and  universities,  of  which  there  is 
at  least  one  in  each  state,  which  owe  their  constitu- 
tion to  the  "Morrill  Act,"  an  act  of  Congress  ap- 
proved July  2,  1862,  and  the  acts  supplementary- 
thereto.  It  belongs  to  a  class  of  institutions  national 
in  origin  and  support.  Its  functions  and  rights  are, 
therefore,  determined  in  part  by  the  chiss  to  whicli 
it  belongs  and  the  laws  a])i)licable  to  the  nienihei's 
of  this  class.  The  discussion  of  the  uationni  hiws 
relating  to  this  class  will  ])e  considered  liereiu  hitcr. 

Enabling  Act. 

The  establishment  of  such  an  institution  as  The 
State  College  of  Washington  was  forecast  in  the 
"Enabling  Act"  of  Congress  for  the  admission  of 
Noi'th  Dakota,  South  Dakota,  Montana  and  Wash- 
ington, approved  February  22,  1889  (S(M'  Rem.  ^ 
Bal.  Code,  Vol.  1,  Pages  20-28.) 

Section  16  provides  that  "ninety  thousand  aci-c^ 
of  land,  to  be  selected  and  located  as  i)rovid(Ml  in 
Section  10  of  this  act,  are  hereby  granted  to  each  of 
the  said  states,  except  the  state  of  South  Dakota,  to 
which  120,000  acres  are  granted  for  the  use  and 
support  of  agricultural  colleges  in  said  states,  as 
provided  in  the  acts  of  Congress  making  donations 
of  lands  for  such  purposes." 

The  acts  of  Congress  thus  referred  to  aic  the 
Morrill  Act,  approved  July  2.  1862,  and  acts  supph'- 
mentary  thereto. 

4 


Under  that  legislation  the  amount  of  land  or 
land  sci'ip  set  apart  for  agricultural  colleges  was, 
with  slight  exception,  30,00U  acres  of  land  or  land 
scrip  for  each  member  of  Congress  in  the  state,  and, 
I'ciice,  with  two  senators  and  one  representative, 
\Vashi]igt(ai  ]*eceiyed,  as  she  was  entitled,  9(),()0() 
ncres. 

Section  17  of  the  same  act  makes  an  additional 

grant : 

"To  the  State  of  Washington:  For  the  estab- 
lishment and  maintenance  of  a  scientific  school, 
U){},000  acres." 

Pursuant  to  this  Enabling  Act,  the  people  of 
Washington  adopted  a  constitution  on  October  1, 
1889,  which  was  approved  and  proclaimed  by  tlie 
President  of  the  United  States  on  November  11, 
1889. 

The  constitution,  Articde  IX.,  relating  to  educa- 
tion, provides: 

Section  1.  "It  is  the  paramount  duty  of  the 
state  to  make  ample  provision  for  the  education  of 
;;11  children  residing  witliin  its  borders,  without  dis- 
tinction or  preference  on  account  of  race,  color,  caste 
or  sex." 

Section  2.  "The  legislature  shall  provide  foi'  a 
Mcneral  and  uniform  system  of  public  schools.  The 
jjublic  school  system  shall  include  common  schools, 
;ind  such  high  schools,  normal  schools  and  technical 
schools  as  may  hereafter  be  established.  I^ut  the 
entire  revenue  derived  from  the  common  school 
fund,  and  the  state  tax  for  common  schools,  shall  be 
i'xclusi\'elv  applied  to  the  support  of  the  connnon 
schools."  ■  (See  Rem.  &  Bal.,  Sec.  2,  Page  98.) 

The  public  school  system  thus  proAdded  for  in- 
cludes   different   grades    of   education,    higliei-   and 

5 


lower,  it  is  clearly  set  forth  that  the  state  tax  t'oi- 
common  schools  is  to  be  applied  exclusively  to  the 
common  schools.  The  schools  for  higher  education, 
namely,  the  "high  schools,"  normal  schools  and 
"technical  schools"  must,  therefore,  be  ])rovided  for 
both  as  to  establishment  and  maintenance  by  suit- 
able laws  for  that  purpose.  Xeither  here  nor  else- 
where in  the  constitution  is  the  existence  of  the 
University  recognized  nor  its  support  provided  for 
)ior  its  functions  defined.  Tt  is,  as  a  matter  of  fact, 
an  extra  constitutional  institution  of  our  system, 
having  its  legal  basis  in  the  law,  but  not  in  the  con- 
stitution of  the  state.  Tt  is  interesting  to  observe, 
however,  that  the  makers  of  the  constitution  had  in 
mind  the  establishment  presently  of  "technical 
schools."  This  was  due  to  their  knowledge  of  the 
fact  that  ample  provision  had  been  made  for  techni- 
cal and  industrial  education  ))y  the  enabling  act  and 
by  other  national  legislation  relating  to  the  same 


The  First  State  Legislature. 

On  November  6,  1889,  the  first  State  Legislature 
assembled.  Provision  for  technical  schools  and  the 
national  endowments  for  a  college  of  agriculture 
and  mechanic  arts  and  for  a  scientific  school  pro- 
vided for  in  the  Enabling  Act  directed  the  attention 
of  the  Legislature  to  the  consideration  of  the  prob- 
lems involved  therein.  On  December  18,  House 
Bill  90,  which  eventually  became  a  law,  and  by 
which  the  State  College  was  established,  was  intro- 
duced. The  first  and  second  legislatures  gave  a 
large  amount  of  time  and  attention  to  the  subject, 
nianv  bills  relating  thereto  having  been  introduced 

6 


and  many  amendnients  having  been  presented.  The 
result  was  the  passage  of  the  original  charter  of 
.Mai-eh  28,  1890,  and  of  the  amended  and  more  com- 
plete charter  of  March  9,  1891.  Since  that  time, 
there  have  been  no  essential  changes  or  additions  to 
the  laws  defining  the  functions  of  the  institution. 

Keeping  in  mind  the  grants  of  the  Enabling  Act 
I'oj,*  an  agricultui'al  college  and  remembering, 
further,  that  the  establishment  of  "teehnicar' 
schools  had  been  forecast  and  pi-ovided  for  in  the 
constitution  and  had  been  made  a  part  of  the  public 
school  system,  it  was  the  natural  and  practically 
necessary  sequence  of  events  that  the  legislature 
should,  at  an  early  date,  give  its  attention  to  pro- 
vision for  technical  education. 

At  that  date  there  was  no  hint,  even,  that  the 
legislature  proposed  or  that  the  Statc^  Fniversity 
desired  that  it  should  enter  upon  the  field  of  techni- 
cal education. 

On  the  other  hand,  it  was  tlie  maiiil'est  purpose 
of  the  legislntui'e  to  ci'(^ate  an  institution  which 
phould  cover  the  entire  field  of  technical  and  Indus 
trial  higher  education,  and  that  in  doing  so  it  would 
avail  itself  not  only  of  the  splendid  grants  of  (V)n- 
gress  for  this  purpose,  but  also  of  the  entire  con- 
ception and  purpose  of  the  "land  gi'ant"  college 
system. 

A  Commission  of  Technical  Instruction. 

This  is  ])lainly  shown  by  the  title  of  the  act 
approved  March  28,  1890.  This  may  well  be  con- 
sidered in  connection  with  the  act  approved  March 
27,  re-establishing  the  State  University.  This  juxta- 
position in  the  pasage  of  the  acts  i'i  im])ortant,  show- 

7 


iiig  that  the  legislature  had  tlie  entire  pi'ol)leiii  ))e- 
fore  it  at  the  same  time  and  after  consideration, 
purposely  and  definitely  divided  the  field  of  higher 
(education  of  the  state  into  two  quite  distinct  parts, 
(Hie  I'oi'  the  lilx^i'al  arts  and  jji-ofessional  schools,  tlie 
other  for  technical  and  industi'ial  e(hication. 
The  act  of  March  28,  1890,  is  entitled: 

An  act  to  create  a  Commission  of  Technical  -In- 
struction and  to  establish  a  State  Agi'icultural  ('ol- 
lege  and  School  of  Science,  and  to  declnrc  an  emer- 
gency. 

By  this  act  the  two  grants  (that  for  an  agiicul- 
tural  college  and  that  for  a  scientific  school),  190,01  Ki 
acres  in  all,  were  united  into  a  single  foundation 
(-aidowment  for  the  institution  thus  established. 

Section  1  provides  that: 

A  commission  is  hereby  created  and  established, 
to  be  known  as  the  commission  of  technical  instruc- 
tion, which  shall  be  composed  of  three  commission- 
ers who  shall  be  appointed  by  the  (^lovernor  of  the 
State  of  Washington,  })y  and  with  the  advice  and 
consent  of  the  Senate. 

Section  3  provides  further  that: 

"It  shall  be  the  object  and  duty  of  the  commis- 
si(m  to  further  the  application  of  tlie  principles  of 
physical  science  to  industrial  pursuits  and  in  par- 
ticular to  collect  information  as  to  the  schemes  of 
technical  instruction  adopted  in  other  parts  of  the 
United  States  and  in  foreign  countries,  to  hold 
farmers'  institutes  at  such  times  and  places  and 
under  such  regulations  as  it  may  determine,  and  to 
perform  such  other  duties  as  may  from  time  to  time 
be  prescribed  b}^  law,  and  said  commission  shall 
possess  all  the  powers  necessary  or  convenient  f; 
accomplish  the  objects  and  perform  the  duties  pre- 
scribed by  law." 

8 


The  broad  purpose  of  the  institution  is  clearly 
made  manifest  in  this  statement  of  the  "object  and 
duty"  of  the  governing  board,  namely:  "To  further 
the  application  of  the  principles  of  physical  science 
to  "industrial  pursuits."  This  brings  the  law  into 
entire  harmony  with  the  broad  and  fundamental 
purposes  of  the  land  grant  colleges  as  set  forth  i)i 
all  the  national  legislation  relating  to  the  same  sub- 
ject. It  is  in  striking  contrast  to  the  thesis  of  those 
who  insist  that  the  instruction  should  be  confined 
1o  a  single  branch — Agriculture.  This  broad  pui'- 
l)Ose  is  further  emphasized  by  the  command  to 
"collect  info]'mation  as  to  schemes  of  technical  in- 
struction adopted  in  other  parts  of  the  United 
States  and  in  foreign  countries."  Information  as 
to  schemes  of  technical  instruction  in  other  parts  of 
the  United  States  and  in  foi*eigu  countries  was  to 
he  collected  for  the  plain  purpose  of  applying  it  in 
the  education  for  the  "industrial  pursuits"  herein 
provided  for. 

Section  4  ])ro\'ides: 

"That  there  is  hereby  established  within  the 
State  of  Washington  an  educational  institution  by 
the  name  of  the  Washington  State  Agricultural 
College  and  School  of  Science."  (Session  Laws  of 
1889-1890,  Page  261.) 

In  Section  6,  emphasis  is  given  to  the  purpose 
of  the  institution  as  a  means  (^f  the  broadest  possi- 
h\('  technical  ajid  industrial  education.     It  pi'oxides: 

That  the  (one)  object  of  said  college  shall  he 
to  train  teachers  of  physical  science,  and  thereby  to 
further  the  application  of  the  principles  of  physical 
science  to  industrial  pursuits. 

9 


This  is  again  in  entire  liarniony  with  the  na- 
tional acts  to  which  it  is  pursuant. 

Thus  far  there  is  no  word  or  hint  that  the  in- 
stitution was  to  devote  itself  to  the  single  branch 
of  Agriculture.  On  the  other  hand,  the  opposite 
purpose  is  clear  and  unequivocal.  The  first  point 
in  which  there  is  an  especial  emphasis  laid  upon 
this. most  important  subject  of  agriculture  and  the 
subjects  connected  therewith  is  found  in  Section  8. 
The  first  part  of  this  section  carries  forward  the 
broad  purposes  of  the  institution  as  a  whole. 
Finally,  that  it  may  give  especial  emphasis  to  this 
important  industrial  pursuit,  agriculture,  which  ni 
that  period  was  all  too  likely  to  be  imperfectly  pro- 
\idefl  for,  it  goes  on  to  provide: 

Said  commission  shall  establish  a  department 
of  said  college  to  be  designated  the  department  of 
agriculture,  and  in  connection  there^^'ith  provide  in- 
struction in  the  following  subjects."  (See  foot- 
note 1.) 

If  there  were  any  doubt,  here  nil  doubt  is  re- 
moved. For  in  this  first  act,  crude  and  imperfect 
as  it  is,  it  is  distinctly  specified  that  there  is  to  be  a 
"department  of  agriculture." 

Footnote  1 — Section  8,  Session  Laws  1890: 

That  the  said  commission  shaU  make  provisions  that  all  instruction 
given  in  the  col'ege  shall,  to  the  utmost  practicable  extent,  be  conveyed 
by  means  of  practical  work  in  the  laboratory.  Said  commission  shall  pro- 
vide, in  connection  with  said  college,  the  following  laboratories:  One 
physical  laboratory  or  more,  one  chemical  laboratory  or  more,  one  bio- 
logical laboratory  or  more,  and  suitably  furnish  and  equip  the  same.  Said 
commssion  shall  provide  that  all  male  students  shall  be  trained  in  military 
tactics.  Said  commission  shall  establish  a  department  of  said  college  to 
be  designated  the  department  of  elementary  science,  and  in  connection 
therewith  provide  instruction  in  the  following  subjects:  Elementary  math- 
emathics,  including  elementary  trigonometry;  elementary  mechanics,  ele- 
mentary and  mechanical  drawing,  land  surveying.  Said  commission  shall 
establish  a  department  of  said  college  to  b2  designated  as  the  department 

10 


Plainly  it  ^^'as  to  ])e  one  of  many  departiiu^nts 
])rovided  for  by  the  act. 

The  Amended  Charter  of  1891. 

The  location  and  organization  of  the  eollege  had 
iiot  been  consnnimated  when  the  legislative  session 
of  1891  opened.  From  the  second  to  the  fifty- 
fourth  day  of  that  session  the  subjecf  of  the  agri- 
cultural college  and  scientific  school  was  before  the 
legislature.  On  Marcli  9,  1891,  the  amended  char- 
ter was  approved.     The  act  was  entitled: 

"An  act  to  provide  foi-  the  lo(*ation  and  main- 
tenance of  the  Agricultural  College,  Experiment 
Station  and  School  of  Science  of  the  State  of  Wash- 
ington and  declaring  an  emergency." 

of  agriculture,  and  in  connection  therewith  provide  instruction  in  the  fol- 
lowing subjects:  First,  physics,  with  special  application  of  its  principles 
to  agriculture;  second  chemistry,  with  special  application  of  its  princi- 
ples to  agriculture;  third,  morphology  and  physiology  of  plants,  with 
special  reference  to  the  commonly  grown  crops  and  their  fungous  ene- 
mies; fourth,  morphology  and  physiology  of  the  lower  forms  of  animal 
life,  with  special  reference  to  insect  pests;  fifth,  morphology  of  the  higher 
forms  of  animal  life,  and  in  particular  of  the  horse,  cow,  sheep  and  swine; 
sixth,  agriculture,  with  special  reference  to  the  breeding  and  feeding  of 
livestock  and  the  best  method  of  cultivation  of  farm  produce;  seventh, 
mining  and  metallurgy.*  And  it  shall  appoint  demonstrators  in  each  of 
these  subjects,  to  superintend  the  equipment  of  a  laboratory  and  to  give 
practical  instruction  in  same.  Said  commission  shall  establish  an  agricul- 
tural experiment  station  in  connection  with  the  department  of  agriculture 
of  said  college,  appoint  its  officers  and  prescrtbe  such  regulations  for  its 
management  as  it  may  deem  expedient.  Such  commission  may  establish 
other  departments  of  said  college,  and  provide  coiirses  of  instruction 
therein,  when  those  are,  in  its  judgment,  required  for  the  better  carry insj 
out  of  the  objects  of  the  college. — Session  Laws  1889-90,  section  8,  p.  263. 
(*The  inclusion  under  this  department  of  "mining  and  metallurgy" 
instead  of  making  provision  for  this  important  part  of  a  school  of  applied 
science  in  a  separate  paragraph,  is  one  of  those  accidents  of  legislative 
proceedure  which  in  no  way  clouds  or  disturbs  the  object  of  the  legisla- 
tion. The  House  Journal  for  1890  shows  that  this  paragraph  was  added 
on  motion  by  a  member  from  King  county  while  other  parts  of  the 
journal  indicated  that  this  member  desired  to  broaden  the  technical  scope 
of  the  institution.! 

11 


(Session  Laws,  1891  Page  334. ) 

The  name  prescribel  by  the  Act  of  1890  was 
''The  Washington  State  Agrirniltnral  College  and 
School  of  Science."  (Session  Laws  of  1890,  Page 
262,  Sec.  4.)  The  name  prescribed  in  the  act  of 
1891  was  "The  Agricultural  College,  Experiment 
Station  and  School  of  Science  of  the  State  of  Wash- 
mgton."     (Session  Laws,  1891,  Page  334,  Sec.  1.) 

The  name  was  changed  again  by  the  legislature 
of  1905  to  the  "State  College  of  Washington," 
wliich  act  further  provides  (Sec.  2) . 

"That  such  change  of  name  shall  not  be  con- 
strued to  indicate  any  change  in  the  purposes  or 
functions  or  work  of  said  institution,  but  that  the 
same  shall  be  and  remain  as  provided  by  law." 

Again,  Section  3  j^rovides. 

"That  all  rights,  privileges,  immunities  and 
obligations  of  the  Washington  Agricultural  College, 
Experiment  Station  and  School  of  Science  sh^ll 
continue  to  the  State  College  of  Washington." 

(Session  Laws,  1905,  Page  83.) 

The  act  approved  March  9,  1891,  provides  (Sec 
23)  that: 

*"A11  acts  and  ])ai^ts  of  acts  in  conflict  v/ith  the 
provision  of  this  act  are  hereby  repealed." 

All  provisions  of  the  Act  of  1890   not  "iii   coii- 
llict"  with  the  Act  of  1891,  remained  the  law. 

Section  13  of  the  act  of  1891  further  provides 
specifically  that: 

This  act  shall  not  be  construed  as  impairing 
Section  Eight  (8)  of  the  act  to  establish  a  commis- 

*HiU's  Code  failed  to  observe  that  only  those  parts  of  the  act  of  1890^ 
which  were  in  conflict  with  the  act  of  1891,  were  repealed. 

12 


sion  of  tecliiiieal  instruction  of  the  session  laws  of 
1899.     (Session  Laws,  1889-1890,  Page  338.)  + 

Section  2  pro\ddes  that: 

"The  Agricultural  College,  Experiment  Station 
and  School  of  Science  created  and  established  by 
this  act  shall  be  an  institution  of  learning  open  to 
the  children  of  all  residents  of  this  state,  and  to 
such  other  persons  as  the  board  of  regents  may 
determine,  under  such  rules  of  regulation  and  terms 
as  may  be  prescribed  by  said  board  of  regents; 
shall  be  non-sectarian  in  ciiara(^ter  and  devoted  to 
practical  instruction  in  agriculture,  mechanic  arts, 
natural  sciences  connected  therewith,  as  well  as  a 
thorough  instruction  in  all  branches  of  learning 
upon  agricultural  and  other  industrial  pursuits. 

Section  3  further  provides  that: 

The  course  of  instruction  of  the  Agricultui-.il 
College,  Experiment  Station  and  School  of  Science 
^hall  (unbrace  the  English  language,  literature, 
mathematics,  philosophy,  civil  and  mechanical 
engineering,  chemistry,  animal  and  vegetable 
anatomy  and  physiology,  the  veterinary  art,  ento 
mology,  geology,  and  political,  rural  and  household 
economy,  horticulture,  woral  philosophy,  history, 
m.echanics  and  snch  othei-  sciences  and  conrse  ol 
instruction  as  shall  be  prescribed  by  the  regents  of 
this  institution  of  learning.  Tlie  management  <»!' 
said  college  and  experiment  station,  the  care  and 
preservation  of  all  pi-operty  of  which  snch  institn- 
iion  shall  become  ))ossessed.  the  erection  and  coji- 
struction  of  all  buildings  nc^cessary  for  tlie  nse  of 
said  college  and  station,  and  the  disbni'sement  and 
expenditure  of  all  moneys  ])ro\ided  t'oi'  by  this  act 
shall  be  vested  in  a  board  of  five  regents.  Said  (i\'e 
members  of  the  board  of  regents  sliall  be  appointed 
in  the  mannei'  |)ro\'ided   bv.  law     *     *     *." 

t  For  the  text  ol  Section  8,  see  footnote  pa^e  10. 

13 


The  phrase  "and  such  other  sciences  auu 
courses  of  instruction  as  shall  be  prescribed  by  the 
regents  of  this  institution  of  learning"  means  such 
other  subjects  in  harmony  with  the  character  and 
purposes  of  the  institution  as  established  by  law  and 
the  curriculum  therein  prescribed.  There  was  no 
intention  in  this  case  to  make  a  complete  catalogue 
of  subjects  to  be  taught,  although  those  specifically 
mentioned  are  mandatory  as  well  as  illustrative  of 
the  ])urposes,  functions  and  scope  of  the  institution. 

Section  10  provides  in  part: 

The  agricultural  experiment  station  provided 
i'or  in  this  act  in  connection  with  said  agricultural 
college,  shall  likcAvise  be  located  in  connection  with 
said  agricidtural  college,  and  upon  the  land  referred 
to  in  Section  one  (1)  of  this  act.  And  it  shall  be 
'inder  the  direction  of  the  said  board  of  regents  of 
said  college  for  the  purpose  of  conducting  experi- 
ments in  agriculture  according  to  the  terms  of  Sec- 
tion one  (1)  of  an  act  of  Congress,  approved  March 
2,  1887,  and  entitled  "An  act  to  establish  agricul- 
tural experiment  stations,  etc.  *  *  *  The  said 
college  and  ex])eriment  station  shall  be  entitled  to 
receiA'e  all  the  benefits  and  donations  made  and 
given  to  similar  institutions  of  learning  in  other 
states  and  territories  of  the  United  States,  by  the 
legislation  of  the  Congress  of  the  United  States 
now  in  force  or  that  may  be  enacted;  and,  partic- 
ularly, to  tlio  l)euefits  and  dcmations  given  hy  the 
provisions  of  an  act  of  Congress  entitled  "An  act 
donating  public  lands  to  the  several  states  and 
territories  which  may  ])rovido  colleges,  for  the 
benefit  of  agriculture  and  mechanic  arts,"  appro^'ed 
July  2,  1862,  and  all  acts  supplementary  thereto, 
etc.     *     *     * 

Section  11.  "The  assent  of  the  legislature  of 
the  State  of  Washington  is  herelw  given,  in  j^ui'su- 

14 


Miice  of  the  requircmients  of  Section  uiue  (9)  of  said 
act  of  Congress,  approved  March  2,  1887,  to  the 
granting  of  money  therein  made  to  the  establish- 
ment of  experiment  stations  in  accordance  with 
Section  one  (1)  of  said  hist  mentioned  act,  and 
assent  is  hereby  given  to  carry  out,  within  the  State 
of  Washington,  every  provision  of  said  act." 

The  above  citations  make  clear,  as  does  all  the 
existing  legislation  relating  thereto,  the  connection 
of  the  institution  with  the  Morrill  land  grant  of 
1862  and  supplementary  acts. 

Later  Acts. 

lu  1897  and  again  in  1909,  the  educational  laws 
of  the  state  were  codified,  considered  and  re-enacted. 
No  material  change  in  the  definition,  purposes, 
functions  or  curricula  of  the  institution  was  made 
ill  these  successive  legislative  considerations. 

The  Contract  With  the  United  States. 

The  acts  of  the  state  legislatures  of  1890  and 
1891  establishing  the  State  College  can  only  be 
construed  in  connection  with  and  as  supplementary 
to  the  national  acts  referred  to  hereafter  establish- 
ing the  system  and  defining  its  functions.  The 
state  not  only  accepted  the  gifts,  but  entered  iuto  a 
solemn  contract  with  the  United  States  to  carry 
nut  the  provisions  of  the  trust.  Indeed,  it  liad  been 
provided  in  the  original  national  legislation  that  the 
grant  should  be  conditioued  on  the  foi*mal  accept- 
ance of  the  conditions.  On  xMarch  28,  1890,  the 
same  day  on  which  the  charter  of  the  college  was 
approved,  the  act  of  oui'  state  legislature  accepting 
the  conditious  of  the  land  grnut  was  also  approved. 

15 


The  Act  Accepting  the  Conditions  of  the  National 

Grant. 

It  is  entitled: 

An  act  of  assent  to  the  provisions  of  an  act  of 
Congress  approved  July  2,  anno  domini,  1862,  and 
of  the  acts  supplementary  thereto,  to  create  a  per- 
manent fund,  and  to  assent  to  the  provisions  of  an 
act  of  Congress  appro^'ed  March  2,  anno  domini, 
J  887,  and  to  declare  an  emergency. 

Be  it  enacted  by  the  legislature  of  the  State  of 
Washington: 

Section  1.  That  the  assent  of  the  legislature 
out  all  and  singular  the  provisions  contained  in  an 
act  of  Congress  approved  July  2,  anno  domini,  1862, 
and  entitled  "An  act  donating  public  lands  to  the 
several  states  and  territories  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the 
mechanics  arts,  and  in  the  acts  supplementary  there- 
to," and  the  Governor  of  the  State  of  Washington 
is  hereby  authorized  and  instructed  to  give  due 
notice  thereof  to  the  government  of  the  United 
States. 

Section  2.  That  all  moneys  derived  by  virtue 
of  said  acts  of  Congress  from  the  sale  of  lands,  and 
of  land  scrip,  shall  be  immediately  deposited  with 
the  treasurer  of  the  State  of  Washington,  who  shall 
invest  and  hold  the  same  in  accordance  with  tiie 
provisions  of  the  fourth  section  of  the  aforemen- 
tioned act  of  Congress,  approved  July  2,  anno 
domini,  1862,  and  the  moneys  so  invested  shall  con- 
stitute a  permanent  and  irreducible  fund  to  be  en- 
titled "The  fund  for  the  ]:)romotion  of  instruction 
in  agriculture  and  the  mechanic^  arts,"  and  the  in- 
come derived  from  said  fuud  shall  be  expended 
under  the  direction  of  the  commission  of  technical 
instruction. 

Section  3.  That  the  assent  of  the  legislature  oi 
the  State  of  Washington   is  lierel)y  given,   in  pur- 

16 


suauce  of  the  requirements  of  Section  9  of  an  act  of 
Congress,  approved  March  2,  anno  domlni,  1887, 
entitled  ''An  act  to  establish  agricultural  experi- 
ment stations  in  connection  with  the  colleges,  ap- 
proved July  2,  1862,  and  of  the  acts  supplementary 
thereto,  to  the  purposes  of  the  grants  authorized  by 
said  act  of  Congress,  approved  March  2,  anno 
of  the  State  of  Wasliington  is  hereby  given  to  carry 
domini,  1887,"  and  assent  is  hereby  given  to  carry 
out  all  and  singuhir  the  provisions  of  said  act  of 
Congress;  and  the  Governor  (^f  the  State  of  Wash- 
ington is  hereb}^  authorized  and  instructed  to  giv<' 
(hie  notice  thereof  to  the  government  of  tlie  Ignited 
States. 

Section  4.  The  treasurer  of  the  State  of  WjisIi- 
ington  is  hereby  authorized  to  receive  all  moneys 
to  which  the  State  of  Washington  may  become  en- 
titled under  the  provisions  of  said  act  of  Congress, 
approved  March  2,  anno  domini,  1887,  and  moneys 
so  received  by  the  said  treasurer  shall  be  applied 
imder  the  direction  of  the  commission  of  technicnl 
instruction  to  the  uses  and  purposes  of  the  agri- 
cultural experiment  station  established  in  connec- 
tion with  the  De])artment  of  Agriculture  of  th(^ 
Washington  Agricultural  College  and  State  School 
(if  Science. 

Functions  Defined  by  Both  State  and  National  Law. 

The  statement  of  the  legal  functions  and  scope 
of  the  institution  is  not  complete  from  the  foregoing 
statement  of  the  stat(^  laws,  for  the  reason  that 
Ihese  laws  are  but  supplementary  to  the  laws  of 
the  United  States,  making  provision  foi-  the  land 
grant  colleges  and  universities.  An  examination 
of  the  national  laws  relating  to  this  system  of  edu- 
cation is  therefore  necessary  to  a  knowledge  of  the 
legal  status  of  the  functions  of  the  State  College. 

17 


NATIONAL  LAWS   RELATING   TO   LAND 
GRANT    COLLEGES. 

A  series  of  acts  extending  from  1862  to  1914 
reiates  to  these  institutions.  To  interpret  these  acts 
properly  there  must  be  a  consideration  of  the  status 
of  higher  education  and  the  technical  use  of  terms 
:\t  the  time  of  the  passage  of  each  particular  act. 

The  Morrill  Act  of  1862. 

The  most  fundamental  and  famous  of  these 
acts  was  the  ^lorrill  Act  of  Congress,  approved 
July  2,  1862.  This  act  had  been  introduced  by 
Justin  S.  Morrill,  of  Vermont,  who,  during  the 
long  and  illustrious  legislatiA^e  career  which  fol- 
io w(^d  its  passage,  continued  to  be  a  supporter 
and  interpreter  of  the  act.  It  is  undeniable  that 
the  curriculum  of  the  colleges  and  uniA^ersities  on 
])ublic  or  private  foundation  throughout  the  United 
States,  up  to  that  date,  employed  a  literary  curri- 
culum whose  chief  aim  was  to  fit  men  for  the 
"learned  professions."  The  "Morrill"  legislation 
Avas  revolutionary  in  that  it  projDosed  to  provide 
for  a  system  of  higher  education  which  should  have 
in   view   a   different   purpose. 

What  Is  a  College? 

The  initial  and  all  subsequent  legislation  lias 
had  for  its  fundamental  purpose  the  endow^ment 
and  suy/port  of  "colleges."  Losing  sight  of  this 
fact  has  been  responsible  for  much  confusion  of 
thought.  There  is  much  jjopular  confusion  of 
thought  as  to  the  ministry  of  elementary,  secondary 
find  collegiate  industrial  education  respectively. 
Many  y^ersoiis  are  unable  to  disconnect  "industry" 

18 


from  their  oavii  couceptioii  of  the  lower  form  of 
j^hysical  labor.  It  is  not  a  trade  school  nor  a  farm 
school,  nor,  in  fact,  a  "school"  of  any  kind  in  the 
ordinary  acceptance  of  that  term,  bnt  a  "college," 
which  is  quite  a  distinct  and  different  thing-,  tliat 
was  provided  for.* 

When  the  first  Morrill  Act  was  passed,  xery 
little  popular  use  was  made  in  the  United  States  of 
the  term  "university,"  the  common  term  used  for 
all  institutions  of  higher  learning  being  "college." 
"Harvard  College"  and  "Yale  College"  were  in 
nnich  more  common  use  than  Harvard  University  oi* 
Yale  University  and  meant  the  same  thing.  In 
])roviding  for  grants  to  "colleges"  there  was  no 
question  in  the  mind  of  Congress  or  of  the  pubJic 
i.hat  the  institution  of  higher  grade  than  the  ele- 
mentary and  secondary  schools  was  meant.  An 
elementary  or  secondar}^  industrial  school  may  be 
a  very  good  thing  and  it  might  be  well  for  the  state 
or  nation  to  provide  these,  but  in  this  legislation 
it  did  not  do  so,  The  "ci^llege"  required  fo]- 
cnti-aucc  tlic  pi'epnration  of  the  elementary 
and  secondary  schools,  and  the  curi'iculum  oifered 
was  in  harmony  with  the  higher  stage  of  adx'aiice- 
ment.  To  all  intents  and  purposes,  the  "college" 
and  the  "university"  meant  the  same  thing.  Botli 
theoretically  began  at  the  same  ]M)int,  namely,  upon 
the  completion  of  the  secondary  education;  both 
proceeded  for  the  samc^  length  of  time,  namely,  four 
years,  by  the  same  method  and  ended  at  the  same 

*The  Journal  of  the  House  furthermore  throws  light  on  the  intention 
of  the  legislatiire  in  the  amendment  which  was  adopted  which  provides 
that  "where  the  word  'school'  occurs,  strike  out  and  substitute  the  word 
'college.'  " 

19 


points.  When  the  Morrill  act  speaks  of  ''colleges" 
it  meant  "institutions  of  learning"  of  a  certain 
rank,  whether  that  institution  was  called  a  "college" 
or  a  "university."  It  did  not  even  mean  a  depart- 
ment of  a  university,  for  it  was  not  yet  customary 
in  this  country  to  divide  up  an  institution  into  a 
series  of  departments  called  "colleges,"  and  the 
given  department  to  be  made  the  beneficiary  of  the 
grant.  It  was  the  institution  as  a  whole  which  was 
1o  meet  the  conditions  of  the  gift  and  which  was  to 
receive  and  did  receive  and  administer  the  gift. 
I'he  application  of  the  benefaction  to  particular 
purposes,  wherever  done,  has  been  done  by  the 
respective  governing  boards.  It  is  the  institution  as 
a  whole  with  which  the  national  government  deals. 

Title  to  the  First  Morrill  Act. 

The  act  is  entitled: 

An  act  donating  public  lands  to  the  several 
states  and  territories  which  may  provide  colleges 
for  the  benefit  of  agricultin'e  and  the  mechanic  arts. 

Section  1  is  as  follows: 

Be  it  enacted  ])y  the  Senate  and  the  House  of 
Representatives  of  the  United  States  of  America, 
in  Congress  assembled:  That  there  be  granted  to 
the  several  states,  for  the  purposes  hereinafter 
mentioned,  an  amount  of  public  land,  to  be  appor- 
tioned to  each  state  a  quantity  equal  to  30,000  acres 
for  each  senator  and  representative  in  Congress  to 
which  the  states  are  respectively  entitled  by  the 
apportionmnt  under  the  census  of  1860. 

Section  4  provides: 

That  all  moneys  derived  from  the  sale  of  lands 
aforesaid  by  the  states  to  which  the  lands  are 
apportioned,  and  from  the  sale  of  land  scrip  herein- 

20 


i)efore  provided  for,  shall  Ix'  invested  iji  .stocks  of 
the  United  States,  or  some  other  safe  stocks,  yield- 
ing not  less  than  five  per  centum  upon  the  par  value 
of  said  stocks;  and  that  the  moneys  so  invested 
shall  constitute  a  perpetual  fund,  the  capital  of 
which  shall  remain  forever  undiminished  (except 
so  far  as  may  be  provided  in  KSection  5  of  this  act), 
and  the  interest  of  which  shall  be  inviolably 
appropriated  by  eacli  state  which  may  take  and 
claim  the  benefit  of  this  act,  to  the  endowment, 
liupport  and  maintenance  of  at  least  one  college 
v/here  the  leading  object  shall  be,  without  excluding 
other  scientific  and  classical  studies,  and  including 
military  tactics,  to  teach  such  branches  of  learning 
as  are  related  to  agriculture  and  mechanic  arts,  in 
such  manner  as  the  Legislatures  of  the  states  may 
respectively  prescribe,  in  order  to  promote  the 
liberal  and  practical  education  of  the  industrial 
classes  in  the  several  pursuits  and  professions  of 
life. 

Note  in  the  first  place  that  the  a])))r(>i)]'iati<>]i 
is  for  a  "college"  and  not  for  a  secondary  scIkm)!. 

Note,  second,  that  the  "leadino-  object''  of  the 
institution  should  be  "to  teach  such  branches  of 
h^arnini;-  as  are  related  to  Ag-riculture  nnd  Mcfh.-mic 
Arts." 

Note,  thirfl.  that  "other  scientific  and  classical 
studies"  were  not  to  })e  excluded.  The  phrase 
"classical  studies"  is  not  intended  to  mean  Latin 
and  Greek,  which  are  often  referred  to  as  "the 
classics,"  but  it  is  used  in  the  broader  sense  in 
which  it  is  used  in  such  phrases  as  classical  music, 
classical  literature  or  classical  architecture.  The 
conception  is  that  the  "branches  related  to  agricul- 
tu.i'e  and  the  niechauic  arts"  w(M'e,  in  the  colleg-es  to 

21 


1)6  provided  for,  to  assume  a  "leading"  place  among 
the  subjects  of  higher  education. 

Note,  fourth,  that  military  tactics  were  also  to 
be  included. 

Note,  fifth,  that  the  great  purpose  of  the  legis- 
lation was  to  promote  the  higher  education  of  the 
industrial  classes.  This  is  in  contrast  with  the 
education  of  the  professional  classes  which  had 
hitherto  been  the  sole  purpose  of  the  college. 

Note,  sixth,  that  the  education  of  the  industrial 
classes  provided  for  was  to  be  both  "liberal  and 
practical."  Hitherto  the  aim  had  been  "liberal 
education;"  "practical"  higher  education  or  an}^- 
thing  of  a  "utilitarian"  type  had  been  strictly 
avoided  as  injurious.  "Culture"  and  "discipline" 
were  the  avowed  aims  of  higher  education. 

Note,  seventh,  that  the  education  of  the  indus- 
ti'ial  classes  was  to  be  "in  the  several  pursuits  and 
professions  of  life."  No  single  class  entered  into 
the  conception  of  the  original  laAv. 

Note,  eighth,  that  "agriculture"  and  "mechanic 
jirts"  are  equal  and  coordinate  terms,  not  principal, 
and  subordinate.  Each  is  to  be  interpreted  in  its 
own  light,  not  alone  in  the  light  of  the  other.  Both 
together  cover  the  entire  field  of  human  production 
and  of  human  industry.  The  "mechanic  arts"  are 
contrasted  with  the  "liberal  arts,"  the  "fine  arts," 
etc.,  and  cover  the  entire  field  of  manipulation  of 
material  substances  and  the  la  ays  underlying  their 
composition  and  uses. 

Note,  ninth,  that  nowhere  in  the  law  does  the 
phrase    "agricultural    college"    occur:    nowhci'c^    is 

22 


there  even  a  hint  that  the  sole  object  is  to  produce  a 
farmer  or  a  mechanic.    See  footnote  2.) 

To  educate  a  man  in  and  by  means  of  the  sub- 
jects related  to  agriculture  and  the  mechanic  arts 
is  the  aim.  To  educate  the  industrial  classes  by 
means  of  a  college  for  "the  several  pursuits  and 
professions  of  life"  likewise  is  declared  to  ])e  the 
aim. 

The  last  half  dozen  lines  of  Section  4  of  tbo 
first  Morrill  acts  form  the  Magna  Charta  of  the 
system  of  land  grant  colleges  and  universities.  To 
this  conception  every  state  and  CA^ery  institution 
must  come  if  it  receive  the  benefits  of  this  act,  and 
from  this  conception  it  must  not  depart. 

It  would  be  impossible  for  a  state  receiving  the 
benefit  of  this  and  supplementary  acts  to  reject 
either  the  main  purpose  of  this  act  or  any  one  of  the 
specifications  theri^mdcr.     Tt   would  be   impossible 

Footnote  2: — 

Dr.  George  W.  Atherton,  former  president  of  the  Pennsylvania  State 
College,  a  life-long  and  intimate  friend  of  Senator  Morrill,  in  his  mono- 
graph, entitled,  ''The  Legislative  Career  of  Justin  S.  Morrill,"  says  on 
page  19: 

"Senator  Morrill,  the  author  of  the  bill,  said:  'It  never  was  intended 
to  force  the  boys  of  farmers  going  into  these  institutions  so  to  study  that 
they  should  all  come  out  farmers.  It  was  merely  intended  to  give  them 
an  opportunity  to  do  so,  and  to  do  so  with  advantage  if  they  saw  fit. 

'Obviously,  not  manual,  but  intellectual  instruction  was  the  paramount 
object.  It  was  not  provided  that  agricultural  labor  in  the  field  should  be 
practically  taught  any  more  than  the  mechanical  trade  of  a  carpenter  or 
blacksmith  should  be  practically  taught.  Secondly,  it  was  a  liberal  edu- 
cation that  was  proposed.  Classical  studies  were  not  to  be  excluded,  and 
therefore  must  be  included.  The  act  of  1862  proposed  a  system  of  broad 
education  by  colleges,  not  limited  to  a  superficial  and  dwarfed  training 
such  as  might  bfe  had  in  an  industrial  school,  nor  a  mere  manual  training 
as  might  be  supplied  by  a  foreman  of  a  workshop  or  by  a  foreman  of  an 
experimental  farm.  If  any  would  have  only  a  school  with  equal  scraps 
of  labor  and  instruction,  or  something  other  than  a  college,  they  would 
not  obey  the  national  law.'  " 

23 


for  it  to  take  and  use  these  funds  for  an}''  other  kind 
of  institution  than  a  college,  except  as  the  work  of 
the  land  g]"ant  college  has  been  modified  by  United 
States  law.  It  is  not  a  question  of  what  kind  of 
school  would  be  the  most  useful ;  it  is  a  question  of 
accepting  the  gifts  for  the  pur])oses  indicated  by 
the  benefactor  and  carrying  out  the  trust  in  good 
faith.  And  that  requires  that  no  part  of  the  indus- 
trial classes  and  no  kind  of  industrial  higher  educa- 
lion  be  overlooked.  Transportation,  Commerce, 
Manufactm*e,  Domestic  Life,  Mining  and  every 
other  grand  division  of  industrial  pursuit  is  in- 
chided. 

The  Hatch  Act. 
The  older  (conceptions  of  the  functions  of  a 
college  were  radically  modified  in  the  case  of  the 
land  grant  colleges  and  universities  in  1887  by  the 
enactment  of  the  Hatch  Act.  It  was  entitled:  "An 
act  to  establish  agricultural  experiment  stations  in 
connection  with  the  colleges  established  in  the 
several  states  under  the  provisions  of  an  ad 
approved  July  2,  1862,  and  the  acts  supplementary 
thereto." 

Section  1  provides: 

Be  it  enacted  by  the  Senate  and  House  of  Eepre- 
sentatives  of  the  United  States  of  America,  in 
Congress  assembled.  That  in  order  to  aid  in  acnuir- 
ing  and  diffusing  amoug  the  people  of  the  United 
States  useful  and  practical  information  on  sul)jects 
connected  with  agriculture,  and  to  promote  scien- 
tific investigation  and  experiment  respecting  the 
]>rinciples  and  applications  of  agricultural  science, 
there  shall  be  established  under  the  direction  of  the 
college    or   colleges   or   ngricultural    de]~>nrtment    of 

24 


(H)lleg'es  in  each  state  or  territory  established,  or 
^vhich  may  hereafter  be  esta])lished,  in  accordance 
with  the  provisions  of  an  act  approved  July  2, 
1862,  entitled,  etc.  *  *  *  a  department  to  be 
known  and  designated  as  "an  agricnltnral  ex]ie]'i- 
raent  station"     *     *     * 

It  is  to  be  observed  tlint  the  experiment  stations 
are  established  * 'under  the  direction  of  the  college 
or  colleges  or  agricultural  department  of  colleges 

in  each  state  and  territory  estal)lished  "  ^  " 
in  accordance  with  the  provisions  of  an  act 
approved  Jnly  2,  bS62,  entitled  'An  act  donating 
public  lands  to  the  several  states  and  territories 
which  may  provide  colleges  for  the  benefit  of  agri- 
culture and  the  mechanic  arts.'  "  Again  the 
use  of  the  term  "college"  shows  plainly  that  the 
term  is  used  to  desc]'il)e  the  institution,  the  organic 
entity  w^hich  in  each  state  is  the  beneficiary,  and  not 
merely  a  subordinate  part  thereof. 

The  Second  Morrill  Act. 

While  there  w^as  little  ([uestion  as  to  the  broad 
scope  of  the  purpose  of  the  first  Morrill  Act,  the 
proceeds  of  the  land  grant  had  been  so  small  in 
comparison  wdth  the  greatness  of  the  purpose,  that 
Congress  was  constrained  in  1890,  under  the  guid- 
Muce  of  the  venerable  Senator  Mori'ill,  to  make  an 
annual  money  provision  foi-  such  ])ranches  of  the 
1m nd  grant  college  system  as  might  not  other-wise  be 
adequately  provided  for.  The  mandatory  provision 
of  this  act  also  throws  added  light  on  the  scope  of 
the  originnl  conception.  The  act  w^as  a])proved 
August  30,  1890.    Tt  is  entitled: 

An  act  to  apply  a  portion  of  the  proceeds  of  the 
]iublic  lands  to  a   moi^o   complete   endowment  and 

25 


support  of  the  college  for  tlie  benefit  of  agriculture 
i:\nd  the  mechanic  arts,  established  under  the  pro- 
visions of  an  act  of  Congress  approved  July  2,  1862. 

The  particular  money  thus  appropriated  is  ''to 
be  applied  to  instruction  in  agriculture,  the  mechanic 
arts,  the  English  language  and  tlie  various  branches 
of  mathematical,  physical,  natural  and  economic 
science,  with  special  reference  to  their  applications 
in  the  industries  of  life  and  the  facilities  for  such 
instruction." 

Again  we  have  the  broad  phrase  "the  industries 
of  life."  Again  we  have  the  twin  phrases,  "Agri- 
culture" and  the  "Mechanic  Arts,"  covering  the 
entire  field  of  industrial  production.  Again  the 
1)readth  of  the  college  curriculum  is  indicated  in 
unmistakable  terms.  "The  English  language  and 
the  various  branches  of  mathematical,  physical, 
natural  and  economic  science,"  though  not  men- 
tioned, were  all  implied  in  the  act  of  1862.  In  the 
second  Morrill  act,  in  order  that  they  may  not  be 
Hampered  by  inadequate  funds,  an  annual  appropri- 
ation is  made.  The  "physical  and  natural"  sciences 
include  chemistry,  physics,  botany,  zoology,  geology 
and  the  more  minute  subdivisions  and  applications 
of  these.  Economic  science,  which  must  have  been  a 
corollary  to  the  act  of  1862,  is  here  made  mandatory 
and  provided  for.  More  important  still  is  the  fact 
that  the  act  of  1890  shows  clearly  and  definitely  the 
l>readth  of  view  and  the  conception  of  the  organic 
n  ct. 

The  Nelson  Amendment, 
The  "Nelson  amendment"  to  the  act  of  1862 
rthe  first  Morrill  act)  and  the  act  of  1890  (the  second 

26 


jMorrill  act)  was  approved  June  30,  19()().  It  pro- 
vided an  additional  annual  appropriation  to  that  of 
1890  for  the  same  purpose,  totalling,  when  complete, 
$50,000  annually,  for  instruction  and  the  facilities 
for  instruction  for  the  subjects  mentioned  in  that 
act.  A  special  proviso  was  added  authorizing  the 
use  of  a  portion  of  this  money  ''for  the  special 
preparation  of  instructors  for  teaching  the  elements 
of  Agriculture  and  the  Mechanic  Arts." 

The  Adams  Act. 
An  act  approved  March  IG,  19()(),  v-ntitled  "An 
act  to  provide  for  an  increased  annual  appi'oj»ri;i- 
tion  for  agricultural  experiment  stations  and  regu- 
lating the  expenditure  thereof,"  makes  provision 
ror  research  work  in  this  field,  thereby  extending 
the  functions  of  the  experiment  station  established 
under  the  Hatch  act  of  1887. 

The  Smith-Lever  Act. 
This  law  was  approved  May  8,  1914.    The  title 
and  first  two  sections  of  the  bill  are  ns  follows,  in 
]  )art : 

An  act  to  provide  for  cocjperative  agricultural 
extension  work  between  the  agricultural  colleges 
in  the  several  states  receiving  the  benefits  of  an  act 
of  Congress  approved  July  2,  1862,  and  of  acts  sup- 
plementary thereto,  and  the  United  States  Depart- 
ment of  Agriculture. 

Be  it  enacted  l)y  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America 
in  Congress  assembled.  That  in  order  to  aid  in 
diffusing  among  the  ]>eo])le  of  the  United  States 
useful  and  practical  information  on  subjects  relat- 
ing to  agriculture  and  home  economics,  and  t«> 
encourage  the  application  of  tlie  same,  thci-c^  m.-iy 

27 


l-e  iiiaugurated  in  connection  with  tlie  college  or 
colleges  in  each  state  now  receiving,  or  which  may 
hereafter  receive,  the  henefits  of  the  acts  of  Con- 
gress, appi'ovcd  July  2,  18()2,  entitled,  etc.  *  *  * 
agricultural  extension  work  which  shall  be  carried 
on  in  cooperation  with  the  United  States  Depart- 
ment of  Agriculture,  etc.     *     *     * 

Section  2.  That  cooperative  agricultural  ex- 
tension work  shall  consist  of  the  giving  of  instruc- 
tion and  practical  Demonstrations  in  agriculture 
and  home  economics  to  persons  not  attending  or 
resident  in  said  colleges  in  the  several  communities, 
and  imparting  to  such  persons  information  on  said 
'subjects  through  field  demonstrations,  publications 
and  otherwise,  etc.     *     *     * 

Thus  by  the  ];)assage  of  the  Smith-I.eA'er  act,  a 
t^'.econd  important  modification  was  added  to  the 
criginal  conception  of  the  original  act  providing  for 
a  system  of  land  grant  colleges.  This  was  the  pr(/- 
vision  for  the  extension  of  instruction  in  agriculture 
and  home  economics  beyond  the  college  to  the 
people. 

Three-Fold  Function. 

The  institution  has  thus  come  to  have  a  thrcc^- 
lold  function. 

First,  the  central  college,  providing  for  colleg- 
iate instruction  in  the  several  industrial  pursuits 
and  the  subjects  related  thereto. 

Second,  experimentation,  research  in  agricul- 
ture and  the  dissemination  to  the  people  of  the 
i-('sults  thereof. 

Third,  the  extension  of  instruction  in  agricul- 
ture and  home  economics  to  the  people. 


In  each  aud  every  case  the  state  was  required 
and  did  accept  the  provision  of  the  national  legis- 
lation and  undertook  both  as  a  moral  and  legal 
obligation  the  proper  and  adequate  support  of  an 
institution  of  the  kind  and  character  designed  by 
the  national  legislation  witli  such  additions  thereto 
as  the  state  may  desire  to  make. 

Schedule  of  Functions  Provided  by  Law. 
The  functions  then  jji'escribed  by  the  laws  of 
the  United  States  and  the  State  of  AVashington  for 
the  State  College  may  be  scheduled  as  follows: 

Functions  Prescribed  by  the  United  States. 

By  the  act  of  1862: 

Branches  of  learning  i-chiting  to  Agriculture. 

Branches  of  learuiug  relating  to  the  Mechanic 
Arts. 

Other  classical  and  scientific  subjects  not  to  Ih^ 
cxchided. 

Military  tactics  to  ])e  included 

The  purpose  being  "to  promote  the  liberal  and 
practical  education  of  the  industrial  classes  in  the 
several  pursuits  and  professions  of  life. 

By  the  act  of  1890: 

Instruction  in  Agriculture. 

Instruction  in  the  Mechanic  Arts. 

Instruction  in  the  English  Language. 

Instruction  in  the  various  branches  of  Mathe- 
matical Science. 

Instruction  in  the  x'arious  branches  of  Physical 
Science. 

Instruction  in  the  various  branches  of  Natural 
Science. 

Instruction  in  Iho  various  l)ranches  of  Eco- 
nomic Science. 

29 


By  the  Nelson  ameudmeut  of  19()(): 
Tlie  same  branehos  and  the  special  preparation 
of  instructors  for  teaching  the  elements  of  Agricul- 
ture and  the  Mechanic  Arts. 

By  the  acts  of  1887  and  190(): 
h]xperimentation  and  Research  in  Agriculture. 
Diffusion   of   useful  and  practical   information 
on  sul>jects  connected  witli  Agi'icnltnre. 

By  the  Smith-Lever  act  of  1914: 
Extension    instruction    and    demonstratiori    ni 
Agricultiu'e  and  Home  Economics. 

The  State  Contract. 

The  state  is  under  contractual  obligation  with 
tlie  [^nited  States  to  provide  for  education  of  the 
kind,  character  and  purpose  outlined  above.  It  is 
uot  at  liberty  to  abridge  or  deny  a  college  curriculum 
in  which  college  education  along  these  lines  and 
for  the  ])urpose  indicated,  is  ])rovided  for." 

Functions  Prescribed  by  the  State  of  Washington 
by  the  Acts  of  1890  and  1891  Establishing  the 
Agricultural  College  and  School  of  Science 
(The  State  College  of  Washington)  and  Sup- 
plementary  Acts: 

Agriculture. 
The  ^Mechanic  Arts. 

All  branches  of  learning  related  to  Agriculture 
and  other  industrial  pursuits. 
English  Language. 
Mathematics. 
Philosophy. 
Civil  Engineering. 
Mechanical  Engineering. 

*Sce  Session  Laws  1889-90,  page  429;  Session  Laws  1891,  act  approved 
March  9;    Session  Laws  1907.  chapter  198;  Session   Laws  1915,  chapter  125. 

30 


Cliemistiy. 

Animal  and  Vegetable  Anatomy. 
Animal  and  Vegetable  Physiology. 
Veterinar}'  Art. 
Entomology, 
(ieology. 

Political  Economy. 
Rural  Economy. 
Household  Economy. 
Horticulture. 
Moral   Philosophy. 
History. 
Mechanics. 

Such  other  subjects  as  shall  be  prescribed  by 
the  regents  of  this  institution. 

Functions  Prescribed. 

By  the  acts   of    1890   continued   l)v   the   net   of 
1S91  and  subsequent  acts: 

To  further  the  application  of  the  principles  of 
physical  science  to  industrial  pursuits. 

To  train  teachers  of  physical  science  and  tliere- 
l)y  further  the  application  of  ]^hysical  science 
to  industrial  pursuits. 

To  collect  information  as  to  schemes  of  techni- 
cal instruction  in  the  ITnited  States  and  for- 
eign countries. 

To  hold  farmers'  institutes. 

To  report  such  information  and  data  collected 
as  may  be  of  \7due  in  the  determination  of 
questions  connected  with  technical  instruc- 
tion. 

To  maintnin  an  elementary  department  which 
shall   include   instructions   in: 

Elementary  mathematics,  including  elementary 
trigonometry,  elementary  mechanics,  elemen- 
tary drawing,  mechanical  di'awing  and  land 
surveying. 

31 


To    maintain    a    Department    of    Agriculture, 

which  shall  include  the  following  special  pro- 
visions: 

Physics,  with  special  application  to  the  prin- 
ciples of  agriculture. 

Chemistry,  with  special  application  to  the  prin- 
ciples of  agriculture. 

Morphology  and  physiology  of  plants,  with 
special  reference  to  the  commonly  grown 
crops  and  their  fungus  enemies. 

Morphology  and  physiology  of  the  lower  forms 
of  animal  life,  with  special  reference  to  insect 
pests. 

Morphology  and  i)hysiology  of  the  higher  forms 
of  animal  life  and  in  particular  the  horse, 
cow,  sheep  and  swine. 

Agriculture,  with  special  reference  to  the  breed- 
ing and  feeding  of  livestock  and  the  hest 
mode  of  cultivation  of  farm  produce. 

Mining  and  metallurgy. 

The  above  is  the  long  catalogue  of  subjects  pre- 
scribed by  law.  To  these,  of  course,  must  ])e  added 
those  branches  of  instruction  which  are  pedagogi- 
cally  necessary  to  round  out  and  complete  the  col- 
lege education  which  are  amply  provided  for  in  the 
])rovision  *'and  such  other  sciences  and  courses  of 
instruction  as  may  be  prescribed  by  the  regents  of 
this  institution  of  learning."  The  strict  construc- 
tion of  this  phrase  is  undoubtedly  correct. 

The  Broad  Purpose  of  Land  Grant  Colleges. 

But  far  more  important  than  this  prescribed 
list  of  departments  and  subjects,  or  than  an^^'list,  is 
the  broad  purpose  made  apparent  in  the  original 
Morrill  act  and  in  every  subserpient  national  act  and 

32 


in  the  organic  act  of  the  state  in  establishing  the 
agricultural  college  and  school  of  science.  Such 
phrases  as: 

''The  Industrial  Classes." 

"The  Several  Pursuits  and  Professions  of  Life." 
"Liberal  and  Practical  Education." 
"Application  of  Technical  Instruction  to  Indus- 
trial Pursuits." 
"The  Commission  of  Technical  Instrnction." 
are  significant  and  the  schedule  of  branches  can 
only  be  interpreted  in  the  light  of  these.  Of  equal 
importance  is  the  fact  that  up  to  the  revolutionary 
Morrill  act  all  colleges  aimed  at  the  education  of  the 
professional  classes,  not  the  industrial  classes.  Of 
the  industrial  occupations  the  hardest  to  reach  l)y 
college  education  adapted  to  that  occupation  was 
agriculture.  In  the  struggle  to  reach  this  class, 
experimentation,  research  and  extension  have  been 
resorted  to  and  a  national  department  of  agricul- 
ture has  been  evolved  from  a  department  bureau. 
A  triumph  in  education  and  national  regeneration 
has  been  achieved  thereby.  It  would  be  a  criminal 
perversion  of  the  law  if  in  this  accomplishment  the 
remainder  of  the  industrial  classes  should  Ix' 
deprived  of  this  great  benefaction. 

The  forecast  of  our  state  constitution  of  the 
achent  of  technical  education  into  our  public  educa- 
tion; the  long  discussion  through  the  first  two  ses- 
sions of  our  state  legislature  resulting  in  the  erec- 
tion of  an  institution  with  the  broadest  possiljle 
provision  for  technical  and  scientific  education; 
the  absence  of  any  ])i'<)vision  at  the  time  of  such 
education  in  any  other  institution  of  the  state;  the 

33 


absence  of  any  hint  in  tlie  law  of  any  intention  to 
provide  for  it  elscAvhere,  and  the  plain  provision  at 
the  same  time  for  a  nniversit,v  witli  distinct  and 
dfferent  fnnctions  from  tliese,  make  it  clear  that  at 
the  entrance  upon  stateliood,  there  was  no  doubt  or 
uncertainty  in  the  matter  of  segregaticni  of  the 
woi'k  of  liio'hor  education  in  the  state. 


THE  UNIVERSITY. 

Functions  of  the   University   as   Provided  by 

the  Act  of  1863. 

An  Act  Approved  January  23,  1863: 

Section  9.  The  Univei'sity  shall  consist  of  at 
least  four  (h'])artnients:  1.  A  de])artraent  of  litera 
ture,  science  and  arts.  2.  A  department  of  law. 
3.  A  department  of  medicine.  4.  A  military  de- 
partment. These  departments  may  be  organized 
and  such  others  added  as  the  regents  may  deem 
uecessarv  and  the  state  universitv  fund  shall  allow, 
(Cited  from  Hill's  Code,  Vol.  1,  Sec.  942,  page  343.) 

The  strict  construction  of  the  final  clause,  just 
as  in  the  case  of  the  State  College,  is  applicable  here 
also.  "Such  other  subjects  as  the  regents  shall 
deem  necessary,  etc.,"  means  other  subjects  in  har- 
mony with  the  functions  as  set  forth  in  the  law 
The  same  construction  should  be  applied  in  all  sub 
sequent  uses  of  this  phrase. 

The  Act  of  1890. 

On    March    27,    bS9(),    an    act    was    approved 
(Mititled: 

34 


An  act  ill  relation  to  tlie  establishment  and 
government  of  the  I^niversity  of  the  State  of  Wash- 
ington. 

Section  1.  There  shall  be  estal)lishe(l  in  this 
state,  at  or  near  the  city  of  Seattle,  in  the  connty  of 
King,  on  gronnds  secured  for  that  pnr])08e,  or  that 
may  be  secured  ])ni'snant  to  subsequent  acts  of  the 
legislatin*e  of  the  State  of  Washington,  an  institu- 
tion of  learning  under  the  name  and  style  oF  the 
University  of  Washington. 

Section  2.  The  object  of  the  IJniv(^]*sity  of 
Washington  shall  be  to  provide  the  ])est  and  most 
efficient  means  of  imparting  to  the  young  men  ;Mid 
women  on  eqnal  terms  a  liberal  education  and  thor- 
ough knowledge  of  the  different  branches  of  litera- 
ture, the  arts  and  sciences  with  their  varied  appli- 
cations. 

The  Act  of  1893. 

In  the  legislature  of  1898,  House  Bill  170,  intro- 
duced by  Representative  Edward  ]\reany,  of  Seattle, 
r^nd  approved  iNTarch  14,  of  that  year  (Page  552, 
Journal  of  House,  1898),  was  entitled: 

An  act  providing  for  the  location,  construction 
and  maintenance  of  the  Univei'sity  of  Washington, 
and  making  an  appro])riation  therefor,  and  declai*- 
ing  an  emergency. 

It  would  appear  from  the  title  and  from  the  act 
itself  that  the  purpose  was  to  ])rovide  for  the  loca- 
tion of  the  buildings  cm  the  new  grounds,  their  con- 
struction and  the  maintenance  of  the  university. 
Nothing  in  the  title  indicates  a  jMirpose  to  modify 
the  functions  of  the  institution. 

Section  (>,  nevertludess,  tni'us  t(t  this  subject. 
It  is,  in  part,  as  follows: 

35 


Section  6.  The  aim  and  purpose  of  the  Uni- 
\ersity  of  Washington  shall  be  to  provide  for 
students  of  hoth  sexes,  on  equal  terms,  a  liberal 
instruction  in  the  different  branches  of  literature, 
science,  art,  law,  medicine,  mechanics,  industrial 
training,  military  science  and  such  other  depart- 
ments of  instruction  as  may  be  established  therein 
from  time  to  time  bv  the  board  of  regents.  *  *  * 
(Session  T^aws,  1893,  Sec.  6,  page  296.) 

Here  is  the  first  hint  of  any  modification  of  the 
purposes  of  the  University  in  the  direction  of  tech- 
nical instruction.  There  was  not  at  this  time,  as  far 
as  shown  by  the  last  preceding  catalogue  of  the 
University,  any  mechanical  or  industrial  training  in 
the  curriculum  in  the  University.  The  entire  range 
of  technological  subjects  were  already  in  operation 
Tit  the  State  College  of  Washington. 

Section  6  is  not  within  the  title  of  the  act. 
Article  2,  Section  19,  of  the  constitution,  provides 
that  ''no  bill  shall  embrace  more  than  one  subject, 
and  that  shall  be  expressed  in  the  title."  For  the 
four  years  that  this  paragraph  stood  on  the  statute 
books  of  the  state  it  was,  therefore,  not  good  law. 

The  Act  of  1897. 

In  1897,  the  educational  laws  of  the  state  were 
codified  under  the  title  of  "The  Code  of  Public 
Instruction."  Title  TV.,  Chapter  1,  re-enacted  the 
law  establishing  and  governing  the  University.  The 
functions,  as  set  forth  in  the  code  of  1897,  are  as 
follows : 

(Session  Laws  of  1897,  Page  427.) 

Section  182.  The  State  University,  as  hereto- 
fore located  and  estaT)lished  in  the  city  of  Seattle, 

36 


county  of  King,  shall  \)e  designated  and  iiciiiied  the 
University  of  Washington. 

Section  183.  The  aim  and  the  puipose  ol'  tlie 
University  of  Washington  shall  be  to  provide  for 
students  of  l)oth  sexes,  on  '^qual  terms,  a  lihci-nl 
instruction  in  the  different  lu'anches  of  literature, 
science,  art,  law,  medicine,  military  science  and 
sucli  other  de])artmei)ts  of  instruction  as  may  he 
established  therein  from  time  to  time  by  the  board 
of  regents. 

Tt  is  to  be  noted  that  ''mechanics"  and  ''indns- 
li'ial  training"  are  omitted  from  this  act  and  that 
the  purposes  of  the  institution  as  set  forth  in  the 
act  of  1863  and  again  in  1890,  and  as  exem])lified  by 
th(!  work  actually  given  by  the  institution  was  pre- 
served. 

The  inter|»olatiou  of  "mechanics"  and  "indus- 
trial training"  into  the  act  of  1893  relating  to  "l(»ca- 
tion,  construction  and  maintenance  of  the  institn- 
tion"  was  not  approved  by  the  legislature  and  ^^'as 
advisedly  discarded  in  the  general  revision  oi'  iUv 
Code  of  Public  Instruction  in  1897.  The  duni-nal  of 
the  House  for  1897  shows  that  the  words  "inech:{n- 
ics  and  industi'ial  training"  were  stricken  ont  by 
vote  of  the  House.  (See  "Journal"  of  Honse,  1897,. 
Page  661.) 

The  schedule  of  studies  of  the  I^niversity,  pnl)- 
lished  at  the  beginning  of  the  academic  yeai*  189()- 
1897,  does  not  show  a  single  technical  or  industrial 
subject   provided    for. 

The  Act  of  1909  -the  Law  as  it  Now  Stands. 

The  Code  of  Pnblic  Instrnction  was  again  con- 
sidered for  two  yeai's,  1907-1909,  by  a  connnission 
I'egularly  appointed  for  tliis  pni-pose,  and  the  rcNiscd 

37 


code  was  considered  and  adopted  by  the  legislature 
of  1909,  The  fiinetions  of  the  ITniversitY  as  then 
defined  and  as  now  existing,  art;  as  follows: 

(Rennngt(»n  i\:  Ballinger,  Chapter  11,  4317.) 
"The  aim  and  the  i)ur|)()se  of  the  University  or 
Washington  shall  be  to  pi'(»\  ide  foi-  students  of  botb 
sexes,  on  equal  terms,  a  liberal  instruction  in  the 
different  branches  of  literature,  science,  art,  law, 
medicine,  military  science  and  such  other  de])art- 
nients  of  instruction  as  may  be  established  thei'ein 
from  time  to  time  l)y  the  board  of  regents." 

Conclusion. 

It  would,  therefore,  a])i)ear  indisputa])le  that 
so  far  as  the  state  legislature  is  able  to  determine, 
tlie  matter  of  the  segregation  of  the  functions  of 
the  two  higher  educational  institutions  of  the  state 
b.as  already  been  done,  and  that  a  uniform  and 
consistent  policy  has  been  maintained  for  twenty- 
five  years.  No  candid  pei'son  can  for  a  moment 
doubt  the  facts  in  the  case.  If  the  existing  body  of 
law  is  not  sufficient,  then  no  law  could  be  sufficient 
for  the  purpose  of  segregation.  The  fact  is,  that 
civil,  mechanical,  electrical  and  mining  engineering, 
forestry,  domestic  economy  and  kindred  technical 
and  industrial  subjects  have  from  time  to  time  been 
introduced  into  the  curricubun  of  the  University 
M'ithout  warrant  of  law  and  against  a  plainly 
declared  policy  of  the  state.  That  policy,  declared 
upon  oui'  entrance  to  statehood  and  reiterated  time 
and  again  by  the  legislature,  divided  the  field  of 
higher  education  into  two  parts. 

To  the  University  it  assigned  tlie  field  of  lit)eral 
arts  and  professional  schools. 

To  the  State  College  it  assigned  the  entire  field 
of  technical  and  industrial  hiuher  education. 


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